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The Presidency Small Cause Courts Act `1882

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.
1882
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title
  3. 2
     [Repealed.]
  4. 3
     [Repealed.]
  5. 4
     “Small Cause Court” and “Registrar” defined

  • CONSTITUTION AND OFFICERS OF THE COURT

  • 5
     Courts of Small Causes established
  • 6
     Court to be deemed under superintendence, etc., of High Court
  • 7
     Appointment of Judges
  • 8
     Rank and precedence of Judges
  • 8A
     Performance of duties of absent Judge
  • 9
     Procedure and practice of Small Cause Court
  • 10
     Chief Judge to distribute business of Court
  • 11
     Procedure in case of difference of opinion
  • 12
     Seal to be used
  • 13
     Appointment of Registrar and other officers
  • 14
     Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees
  • 15
     Judge or other officer not to practise or trade

  • LAW ADMINISTERED BY THE COURT

  • 16
     Questions arising in suits, etc., under Act to he decided according to law administered by High Court

  • JURISDICTION IN RESPECT OF SUITS

  • 17
     Local limits of jurisdiction of Court
  • 18
     Suits in which Court has jurisdiction
  • 18A
     Plaintiff may abandon suit against defendant resident out of jurisdiction
  • 19
     Suits in which Court has no jurisdiction
  • 19A
     Return of plaint
  • 20
     Court may by consent try suits beyond pecuniary limits of jurisdiction
  • 21
     Suits by and against officers of Court
  • 22
     Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court

  • PROCEDURE IN SUITS

  • 23
     Repealed
  • 24
     No written statement except in cases of set-off
  • 25
     Return of documents admitted in evidence
  • 26
     Compensation payable by plaintiff to defendant in certain cases
  • 27
     Decree-holder to accompany officer executing warrant
  • 28
     Things attached to immovable property and removable by tenant to be deemed movable in execution
  • 29
     Discharge of judgment-debtor on sufficient security
  • 30
     Court may in certain cases suspend execution of decree
  • 31
     Execution of decree of Small Cause Court by other Courts
  • 32
     Minors may sue in certain cases as if of full age
  • 33
     Power to delegate non-judicial duties
  • 34
     Registrar to hear and determine suits like a Judge
  • 35
     Registrar may execute all decrees with the same powers as a Judge
  • 36
     Decrees and orders of Registrar to be subject to new trial as if made by a Judge

  • NEW TRIALS AND APPEALS

  • 37
     General finality of decrees and orders of Small Cause Court
  • 38
     New trial of contested cases
  • 39
     Removal of certain causes into High Court
  • 40
     Rules with respect to suits removed under the last foregoing section

  • RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

  • 41
     Summons against person occupying property without leave
  • 42
     Service of summons
  • 43
     Order for possession
  • 44
     Such order to justify bailiff entering on property and giving possession
  • 45
     Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings
  • 46
     Liability of applicant obtaining order when not entitled
  • 47
     Stay of proceedings on occupant giving security to bring suit against applicant
  • 48
     Proceedings to be regulated by Code of Civil Procedure
  • 49
     Recovery of possession no bar to suit to try title

  • DISTRESSES

  • 50
     Local extent of Chapter
  • 51
     Appointment of bailiffs and appraisers
  • 52
     Appointees to be public servants
  • 53
     Application for distress-warrant
  • 54
     Issue of distress-warrant
  • 55
     Time for distress
  • 56
     What places bailiff may force open
  • 57
     Property which may be seized
  • 58
     Impounding distress
  • 59
     Inventory
  • 60
     Application to discharge or suspend warrant
  • 61
     Claim to goods distrained made by a stranger
  • 62
     Power to award compensation to debtor or claimant
  • 63
     Power to transfer to High Court cases involving more than one thousand rupees
  • 64
     Appraisement
  • 65
     Sale
  • 66
     Costs of distresses
  • 67
     Account of costs and proceeds
  • 68
     Bar of distresses except under this Chapter

  • REFERENCES TO HIGH COURTS

  • 69
     Reference when compulsory
  • 70
     Security to be furnished on such reference by party against whom contingent judgment given

  • FEES AND COSTS

  • 71
     Institution-fee
  • 72
     Fees for processes
  • 73
     Repayment of half-fees on settlement before hearing
  • 74
     Fees and costs of poor persons
  • 75
     Power to vary fees
  • 76
     Expense of employing legal practitioners
  • 77
     Sections 3, 5 and 25 of Court-fees Act, 1870, saved

  • MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS

  • 78
     [Repealed.]
  • 79
     Default of bailiff or other officer in execution of order or warrant
  • 80
     Extortion or default of officers
  • 81
     Court empowered to summon witnesses, etc
  • 82
     Enforcement of order

  • CONTEMPT OF COURT

  • 83
     [Repealed.]
  • 84
     [Repealed.]
  • 85
     [Repealed.]
  • 86
     [Repealed.]
  • 87
     Imprisonment or committal of person refusing to answer or produce document
  • 88
     Appeal from orders under section 87

  • MISCELLANEOUS

  • 89
     Persons by whom process may be served
  • 90
     Registers and returns
  • 91
     Court to furnish records, etc., called for by State Government or High Court
  • 92
     Holidays and vacations
  • 93
     Certain persons exempt from arrest by Court
  • 94
     No suit to lie upon decree of Court
  • 95
     Place of imprisonment
  • 96
     Tender in suit for anything done under Act
  • 97
     Limitation of prosecutions